LEGAL OR NOT?

romaderwdcsax

Just been informed im in the hardy bucks film. Its a photo taken from one of the lads facebook pages having been in poland last june for the euros. No one was asked permission to use the photo so they must have just uploaded it from my friends facebook page. The pic was taken in a public place at the side of the road if that makes any difference? The photo was taken by another friend and only lads i know about 10 or so were present at the time.

coylemj

Do you need an agent?

Kristopherus

You should be honoured:D.

romaderwdcsax

coylemj wrote: »

Do you need an agent?

I somehow doubt it lol. Being serious tho is it legal or not??????

Corkbah

romaderwdcsax wrote: »

I somehow doubt it lol. Being serious tho is it legal or not??????

ask a solicitor (to be fair thats the best way to proceed ...and find one which has experience in copyright law)

Peregrinus

You've got no cause of action. Anyone can take a photograph of you in a public place, and you have no property rights in the photograph.

The bloke that took the photograph might have a cause of action, but the fact that he has published it on Facebook is not going to help him. You'd need to look at the Facebook terms and conditions to see whether the photograph now belongs to him, or to Mark Zuckerberg. For all we know the filmmakers may have obtained permission from Facebook, and that may be all they need.

Corkbah

Peregrinus wrote: »

You've got no cause of action.

I would disagree with this (Personal opinion)...image rights in a commercial context ??? ...while the OP is unlikely to claim they as a person are a brand they could claim they do not and explicitly refuse to be associated with the group of lads who made the film....could disagree with their morals, looks anything !!

Peregrinus wrote: »

Anyone can take a photograph of you in a public place, and you have no property rights in the photograph.

.... its true that anyone can take a pic while you or they are in a public place (obvious exception being expectational right to privacy) ....but its what is done with the pic thats important .... commercial usage is not permitted without consent....and a written model release form is required from anyone who is clearly identifiable.

Peregrinus wrote: »

The bloke that took the photograph might have a cause of action, but the fact that he has published it on Facebook is not going to help him. You'd need to look at the Facebook terms and conditions to see whether the photograph now belongs to him, or to Mark Zuckerberg. For all we know the filmmakers may have obtained permission from Facebook, and that may be all they need.

Copyright still remains with the original photographer - so while Facebook/Zuckerberg have the rights to re-sell, use etc etc - its more than likely that the image was simply lifted from Facebook - in which case the person/people who did it could (in theory) be sued.

As regards the OP - its highly unlikely you would be successful to prove any damages and as the image is simply used in the background its unlikely you could get any payout - I assume you are looking only for money !! ..... it could be a long and lengthy legal battle which would require specialist knowledge and which would cost substantial money for possibly little or no return.

Ps. If you goto a solicitor on a no-win, no-fee basis ....check that in the event that you loose - will you have to pay the costs of the other side ? (your own solicitor may not charge you but costs usually follow the event and sometimes a solicitor is not willing to pay out for everything)

Victor

Realistically, I think it would hinge on whether the photo was central or merely incidental.

Demand a signed copy of a DVD as royalties.